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HomeMy WebLinkAboutC2015-486 - 11/20/2015 - NA • CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Tolunav-Wong Engineers, Inc., a Texas corporation, 826 South Padre Island Drive, Corpus Christi, Nueces County, Texas 78416, (Architect/Engineer—NE), hereby agree as follows: 1. SCOPE OF PROJECT Groundwater Monitoring at J.C. Elliott Municipal Landfill (Project No. E15217) —This contract provides engineering services for groundwater sampling, laboratory testing, and required annual TCEQ reporting to maintain landfill permit compliance at J.C. Elliott Municipal Landfill. The services provided by this contract are on a timescale required by TCEQ under Title 30 Administrative Code 330 Subchapter J Groundwater Monitoring and Corrective Action. The sampling for 2015 must occur in November. 2. SCOPE OF SERVICES The NE hereby agrees to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. NE services will be "Services for Construction Projects"- (Basic Services for Construction Projects")which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993"a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The NE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the NE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of E^^• •" �^ -�••�• ^"••^^�^^^� and evidenced in writing as an amendment to this contract. NE 2015-486 11/20/15 Contract for Professional Services Page 1 of 7 ID WASTE\E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-2016\2015-1020 OLD CONTRACT N DEXED Tolunay-Wong Engineers Inc. • shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the NE a fee as described in Exhibit"A"for providing services authorized, a total fee not to exceed $23,090.00. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY NE shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees,volunteers,directors and representatives("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by A/E or its agent, NE under contract or another entity over which NE exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. If the liability results solely from the negligent acts or omissions of the A/E, the NE shall also defend the Indemnitee with counsel satisfactory to the City Attorney. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by the City,the NE shall reimburse the City's reasonable attorney's fees in proportion to the NE's liability. NE must advise City in writing within 24 hours of any claim or demand against City or NE known to NE related to or arising out of NE's activities under this Agreement. 6. INSURANCE 6.1 NE must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. NE must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 NE must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. Contract for Professional Services Page 2 of 7 K:\ENGINEERING DATAEXCHANGE\ANGIEM\SOLID WASTE\E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-2016\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES.DOC TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, NE must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 Applicable for paid employees, NE must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the NE will be promptly met. An All States Endorsement shall be required if NE is not domiciled in the State of Texas. Contract for Professional Services Page 3of7 K:\ENGINEERING DATAEXCHANGE\ANGIEM\SOLID WASTE\E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-2016\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES.DOC 6.5 NE shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at NE's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. A/E is required to provide City with renewal Certificates. 6.6 NE shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. NE shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 A/E agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 6.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; 6.7.2 Provide for an endorsement that the"other insurance"clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 6.7.3 Workers'compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 Provide thirty(30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 6.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, NE shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend NE's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6.9 In addition to any other remedies the City may have upon NE's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order NE to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to NE hereunder until NE demonstrates compliance with the requirements hereof. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which NE may be held responsible for payments of damages to persons or property resulting from NE's or its subcontractor's performance of the work covered under this agreement. Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGE\ANGIEM\SOLID WASTE\E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-2016\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES.DOC • 6.11 It is agreed that NE's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 6.13 Contracts Less than $50,000 - Insurance not required; however, if contract is amended to exceed $50,000, the above insurance requirements must be met. 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the NE will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. ASSIGNABILITY The NE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the NE staff. If the NE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the NE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Director of Engineering Services. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 11. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Contract for Professional Services Page 5 of 7 K:\ENGINEERING DATAEXCHANGE\ANGIEM\SOLID WASTE\E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-2016\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES.DOC 12.STANDARD OF CARE Services provided by NE under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.CONFLICT OF INTEREST A/E agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict- disclosure/index. 14.ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and A/E and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and A/E. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 15. CONFLICT RESOLUTION BETWEEN DOCUMENTS A/E hereby agrees and acknowledges if anything contained in the NE-prepared Exhibit A, A/E's Scope of Services, or contained in any other document prepared by A/E and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. 0/249/(5- CI OF-CO- ';`i RISTI / TOLUNAY-WONG ENGINEERS, INC. itrip , , __Cm .--- II w �� Th_.— i 120 II-3o. is- 7ne H. G :y, P. . Date Don Rokohl, P.E. Date E cutive Dir- or ,of Public Works Branch Manager 826 South Padre Island Drive Corpus Christi, TX 78416 REC MENDED (361) 884-5050 j)14:4#.40.164,... /Z. 0g.2o, Operating Department Date AP OVED AS TOL GAL FORM Z (°% /2//-/X gal Department Date Contract for Professional Services Page 6 of 7 K\ENGINEERING DATAEXCHANGE\ANGIEM\SOLID WASTE\E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-2016\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES.DOC • APPROVED Project No. E15217 E tali , l' — Accounting Unit: 1020-12530-033 Account: 530000 Office of Management �j->tI Activity: E15217011020EXP and Budget Account Category: 30000 Fund Name: Solid Waste Operating Encumbrance No. ATTEST L-2-$2-6A-CA M- ILA/51 Rebecca Huerta Date City Secretary rgiw- Contract for Professional Services Page 7 of 7 K:\ENGINEERING DATAEXCHANGEWNGIEM\SOLID WASTE\E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-2016\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES.DOC • 10 Tolunay'-Wong 826 South Padre Island Drive Engineers, Inc. Corpus Christi,Texas 78416 Phone:(361)884-5050 November 17, 2015 TWE Proposal No. P15-E096 Mr. Lawrence Mikolajczyk Director of Solid Waste Operations City of Corpus Christi 2525Hygeia St., 78415 Corpus Christi, Texas 78469-9277 Phone: 361 826-1965 Fax: 361 826-1971 LawM@cctexas.com COST PROPOSAL FOR LIMITED GROUNDWATER MONITORING AT J C ELLIOTT MUNICIPAL LANDFILL FOR FISCAL YEAR 2015 -2016 CORPUS CHRISTI,NUECES COUNTY,TEXAS Dear Mr. Mikolajczyk: Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit the following proposal to provide groundwater monitoring services at the above-referenced facility for the 2015 semiannual sampling event for the City of Corpus Christi's(City)fiscal year of 2015 to 2016. Background The Site is located at 7001 Ayers St, Corpus Christi, Texas and comprises approximately 313 acres. The landfill is a Type I Municipal Solid Waste (MSW) facility that received domestic waste and wastewater treatment plant sludges. It is currently in post-closure care and the groundwater is being monitored on a semiannual basis under the detection monitoring program as specified in Title 30 Administrative Code (30 TAC ) 330 Subchapter J Groundwater Monitoring and Corrective Action, Constituents being monitored under this program include metals and volatile organic compounds (VOC) listed in 40 CFR Part 258, Appendix I. For the detection monitoring program at this facility, groundwater analytical results are compared to background concentrations that have been determined on an intrawell basis. Statistical background concentrations are current up through 2014 and will not require any additional updates until the end of 2016. Objective The objective of this project is to implement the Groundwater Sampling and Analysis Plan (GWSAP) which outlines the City's program for groundwater monitoring in accordance with the requirements of 30 TAC Subchapter J. The groundwater-monitoring program includes consistent EXHIBIT "A" Page 1 of 3 • • Mr. Lawrence Mikolajczyk TWE Proposal No. P15-E096 November 17, 2015 Page 2 sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the J C Elliott facility. Scope of Work The Scope of Work for the fiscal year includes three tasks 1. Semiannual Detection Monitoring of the 23 monitoring wells (Wells MW 1-2, 4-5, 7, 12, 16- 32) for the 15 total metals and volatile organic compounds specified in the current GWSAP. In keeping with prior years of groundwater monitoring, iron, manganese, nitrate-nitrogen, ammonia-nitrogen, and dissolved organic carbon will be analyzed to facilitate the identification of geochemical processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, 6 samples (3 per event) will be collected from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This will also assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. 2. Verification re-sampling for wells that exceed the statistically determined background concentration limit. 3. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City of Corpus Christi and three hard copies to the TCEQ. The Scope of Work for this cost proposal will include the second semiannual sampling event in 2015, with sufficient project management and reporting to complete the task. Reporting for this task will only include a letter notifying TCEQ if there is an exceedance, but it will not include any follow-up verification sampling. Schedule TWE proposes to conduct the second semiannual sampling event for 2015 in November/December. With authorization of the remaining budget (to be submitted under separate cover) all remaining tasks scheduled for the 2015-2016 fiscal year will be completed. Proposed Project Costs TWE will conduct the limited scope of work on a time and material basis for a not-to-exceed price of$23,090. A cost breakdown for the major tasks is summarized below. Field Sampling Activities (includes 2 Verification Sampling Events) Labor $ 8,450 ODCs $ 1,600 Analytical $ 9.270 EXHIBIT"A" Page 2 of 3 • Mr. Lawrence Mikolajczyk TWE Proposal No. P15-E096 November 17, 2015 Page 3 Reporting $ 2,180 Project Management $ 1,590 Project Total $ 23,090 Limitations The proposal presented above, including the Scope of Work and schedule, is contingent upon the following assumptions: • TWE will have necessary access to the site. • Level D Personal Protective Equipment is adequate. • Negotiations and/or meetings with TCEQ for any other issues related to the scope of work as outlined in this proposal will not be required. • Unanticipated delays beyond TWE's control will constitute a change order and will be billed according to the attached fee schedule. Closing Remarks If you have any questions or need additional information,please contact me at(361) 884-5050 or by e-mail at drokohl(atweinc.com. Sincerely, Tolunay-Wong Engineers,Inc. Po-jeA 711/ Don Rokohl, P.E. Mark Brotherton, P.G. Corpus Christi Branch Manager Sr. Project Manager Environmental Services Division Paul Wild Vice President Environmental Services Division EXHIBIT "A" Page 3 of 3 Sample form for: COMPLETE PROJECT NAME Payment Request Revised 07/27/00 Project No. XXXX Invoice No. 12345 Invoice Date: - Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O & M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees - Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% - m d = 21. 03 • • Ciy City of CITY OF CORPUS CHRISTI f corpus DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every.question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Tolunay-Wong Engineers,Inc. P.O.BOX: N/A STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: I. Corporation 2. Partnership3. Sole Owner ❑ 4. Association U 5. Other ❑ DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City r/ Department(if known) 2. State the names of each "official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." N7A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or amm Committee 4. State the names of each employee or officer of a `consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant • • FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,emplgyee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Don R.Rokohl,P.E. Title: Branch Manager (Type or Print) A/� Signature of Certifying (�{�,(� Date: Z - r , IS Person: _\ DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation.